The Loan Facility Agreement is a fundamental banking document used when a financial institution extends credit to a borrower under Maltese law. It serves as the primary contract governing the lending relationship, detailing all aspects of the facility including drawdown mechanics, interest calculations, repayment obligations, and security arrangements. This document is essential for both bilateral and syndicated lending transactions in Malta, incorporating requirements from local banking regulations and EU directives. The agreement is typically used for corporate financing, project finance, real estate development, or general commercial purposes. It must comply with Malta's Banking Act and Financial Institutions Act, while also addressing EU banking regulations where applicable. The document includes comprehensive provisions for risk management, regulatory compliance, and enforcement mechanisms specific to the Maltese legal framework.
Loan Facility Agreement for Malta
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Loan Facility Agreement
"I need a Loan Facility Agreement under Maltese law for a 鈧5 million secured term loan to a manufacturing company, with quarterly repayments over 5 years starting March 2025, including specific covenants for maintaining minimum working capital ratios and environmental compliance."
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1. Parties: Identification of the lender(s), borrower(s), and any guarantors or security providers
2. Background: Context of the loan facility and brief description of the transaction
3. Definitions and Interpretation: Definitions of terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan facility including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before drawdown
6. Drawdown: Procedures and requirements for drawing down the facility
7. Interest: Interest rate, calculation periods, and payment provisions
8. Repayment: Terms of repayment including scheduled payments and final maturity
9. Prepayment: Provisions for voluntary and mandatory prepayment
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Covenants: Positive and negative obligations of the borrower during the facility period
12. Events of Default: Circumstances constituting default and consequences
13. Changes to Parties: Provisions regarding assignment and transfer rights
14. Payments: Payment mechanics, currency, and set-off rights
15. Costs and Expenses: Allocation of costs, fees, and expenses
16. Notices: Communication requirements and contact details
17. Calculations and Certificates: Basis for calculations and evidence of amounts due
18. Partial Invalidity: Severability provisions if parts become invalid
19. Remedies and Waivers: Rights and remedies of the lender and waiver provisions
20. Governing Law and Enforcement: Choice of Maltese law and jurisdiction provisions
1. Security: Detailed security provisions when specific assets are pledged as collateral
2. Guarantees: Terms of any guarantees provided by third parties
3. Syndication Provisions: Required for multiple lenders, including facility agent and security trustee provisions
4. Tax Gross Up and Indemnities: Detailed tax provisions where cross-border elements exist
5. Increased Costs: Provisions for regulatory changes affecting lender's costs
6. Market Disruption: Provisions for handling market disruption events affecting interest rates
7. Anti-Money Laundering Provisions: Detailed AML requirements for high-risk or regulated borrowers
8. EU Bail-in Provisions: Required when EU regulated banks are involved
9. Multiple Currencies: Provisions for facilities offered in multiple currencies
10. Accordion Facility: Provisions allowing for future increase in facility amount
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for borrower to request drawdown
3. Repayment Schedule: Detailed amortization schedule if applicable
4. Form of Transfer Certificate: Template for transferring rights and obligations
5. Security Documents: List and copies of security documentation
6. Fees: Detailed breakdown of all applicable fees
7. Borrower Group Structure: Corporate structure chart for complex borrower groups
8. Financial Covenants: Detailed financial covenant calculations and reporting requirements
9. Form of Compliance Certificate: Template for periodic compliance reporting
10. Existing Security: Details of any permitted existing security over assets
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Corporate Lending
Real Estate
Manufacturing
Retail
Healthcare
Technology
Infrastructure
Hospitality
Energy
Transportation
Construction
Agriculture
Maritime
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Operations
Corporate Finance
Commercial Banking
Regulatory Affairs
Company Secretariat
Documentation
Deal Advisory
Transaction Management
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Credit Manager
Risk Manager
Treasury Manager
Banking Relationship Manager
Corporate Finance Manager
Financial Controller
Legal Director
Company Secretary
Banking Operations Manager
Credit Risk Officer
Loan Officer
Corporate Banking Director
General Counsel
Managing Director
Finance Manager
Commercial Director
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